Barnett et al v. Raoul et al
| Illinois Southern District Court | |
| Judge: | Stephen P Mcglynn |
| Case #: | 3:23-cv-00209 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:2201 Declaratory Judgement |
| Case Filed: | Jan 24, 2023 |
| Terminated: | Nov 08, 2024 |
| Case in other court: | 23-01825 Harrel et al v. Raoul et al, 3:23-cv-00141-SPM |
| Last checked: Sunday Jul 23, 2023 3:47 AM CDT |
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Amicus
Illinois Sheriffs Association
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Amicus
Second Amendment Law Center
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Amicus
Everytown for Gun Safety
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Defendant
Brendan F. Kelly
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Defendant
Kwame Raoul
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Defendant
Patrick D. Kenneally
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Defendant
Richard Watson
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Defendant
Jeremy Walker
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Defendant
James Gomric
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Defendant
Robb Tadelman
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Defendant
Cole Price Shaner
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Defendant
Jarrod Peters
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Defendant
Jay Robert Pritzker
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Plaintiff
Marengo Guns, Inc.
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Plaintiff
Illinois State Rifle Association
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Plaintiff
Chris Moore
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Plaintiff
Piasa Armory
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Plaintiff
Second Amendment Foundation
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Plaintiff
Matthew Wilson
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Plaintiff
Jasmine Young
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Plaintiff
Hoods Guns & More
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Plaintiff
Jeremy W. Langley
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Plaintiff
Timothy B. Jones
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Plaintiff
National Shooting Sports Foundation, Inc.
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Plaintiff
Caleb Barnett
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Plaintiff
Dane Harrel
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Plaintiff
Guns Save Life
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Plaintiff
Gun Owners of America
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Plaintiff
Gun Owners Foundation
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Plaintiff
Firearms Policy Coalition, Inc.
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Plaintiff
Federal Firearms Licensees of Illinois
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Plaintiff
Debra Clark
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Plaintiff
C4 Gun Store, LLC
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Plaintiff
Pro Gun and Indoor Range
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Plaintiff
Brian Norman
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GPO
Apr 28 2023
STRICKEN AT DOC 100 - ORDER granting 10 Motion for Preliminary Injunction. Although the Order specifically identifies the Barnett plaintiffs, the caption also references the consolidated cases, i.e., Harrel, et al. v. Raoul, et al., 23-cv-141-SPM; Langley, et al. v. Kelly, et al., 23-cv-192-SPM; and, Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 23-cv-215-SPM. Because the same analysis applies in these consolidated cases, the corresponding Motions for Preliminary Injunction are also be GRANTED. Signed by Judge Stephen P. McGlynn on 4/28/2023. (jce) Modified on 4/28/2023 (mar). |
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GPO
Apr 28 2023
ly, et al., 23-cv-192-SPM; and, Federal Firearms Licensees of Illinois, et al. v. Pritzker, et al., 23-cv-215-SPM. Because the same analysis applies in these consolidated cases, the corresponding Motions for Preliminary Injunction are also be GRANTEDORDER granting 10 Motion for Preliminary Injunction. Although the Order specifically identifies the Barnett plaintiffs, the caption also references the consolidated cases, i.e., Harrel, et al. v. Raoul, et al., 23-cv-141-SPM; Langley, et al. v. Kel. Signed by Judge Stephen P. McGlynn on 4/28/2023. (jce) |
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GPO
Jun 29 2023
ORDER: 112 Motion to Stay is GRANTED in part. The Clerk of Court is DIRECTED to file a copy of this Order in case 23-CV-00192-SPM. Signed by Judge Stephen P. McGlynn on 6/29/2023. (bceb) |
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GPO
Dec 14 2023
ORDER: Plaintiffs Jeremy W. Langley, Timothy B. Jones, and Matthew Wilson's 111 Motion for Partial Summary Judgment is DENIED. Signed by Judge Stephen P. McGlynn on 12/14/2023. (trf) |
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GPO
Dec 22 2023
ORDER: Defendants' 130 Motion to Dismiss is GRANTED. See Federal Firearms Licensees of Illinois v. Pritzker, 23-cv-00215-SPM (Doc. 75) for additional details. Signed by Judge Stephen P. McGlynn on 12/22/2023. (trf) |
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GPO
Feb 23 2024
ORDER: In order to address potential confusion, the Court issues the following Order to clarify the path to move forward in this litigation in advance of the Scheduling Conference on February 28, 2024. Signed by Judge Stephen P. McGlynn on 2/23/2024. (trf) |
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GPO
Sep 10 2024
ORDER: The Langley Plaintiffs' 133 Motion for Summary Judgment on 5th Amendment Issues is DENIED. Director Kelly's 151 Cross Motion for Partial Summary Judgment on Langley Plaintiffs' Count I is GRANTED. Signed by Judge Stephen P. McGlynn on 9/10/2024. (trf) Modified on 9/10/2024 (trf). |
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GPO
Nov 08 2024
ORDER: The Government's 223 Motion to Preclude Consideration of survey evidence proffered by the Plaintiffs' experts is GRANTED. The Government's 229 Motion to Bar Certain Opinions of Plaintiffs' Experts is GRANTED in part and DENIED in part. Signed by Judge Stephen P. McGlynn on 11/8/2024. (trf) |
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GPO
Nov 08 2024
FINDINGS OF FACT AND CONCLUSIONS OF LAW following bench trial. The Court finds in favor of the Plaintiffs and against the Defendants in these consolidated cases. The Court holds that the challenged provisions of the Protect Illinois Communities Act are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs' request for a permanent injunction is GRANTED. The State of Illinois is hereby ENJOINED from the enforcement of PICA's criminal penalties in accordance with 720 Ill. Comp. Stat. §§ 5/24-1(a)(14)(16) (bump stocks and assault weapons); 5/24-1.9(a)(h) (assault weapons and attachments); and 5/24-1.10(a)(h) (large-capacity magazines) against all Illinois citizens, effective immediately. The State of Illinois is also ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 Ill. Comp. Stat. 65/4.1. This permanent injunction is STAYED for thirty (30) days. Additionally, the Government's Motion for Partial Summary Judgment on the Langley Plaintiffs' Counts IV and VI (Doc. 220) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs. Signed by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM (trf) |
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GPO
Nov 08 2024
CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
| Docket last updated: 3 hours ago |
| Friday, November 15, 2024 | ||
| 268 | 268
order
Order ~Util - Terminate Motions
Fri 11/15 9:22 AM
ORDER: Before the Court are three motions: two Motions for Attorneys' Fees Pursuant to 42 U.S.C. § 1988 filed by the Langley Plaintiffs in both Barnett v. Raoul , Case No. 23-cv-00209-SPM (Doc. 261) and Langley v. Kelly , Case No. 23-cv-00192-SPM (Doc. 48) as well as a Joint Motion to Stay Attorneys' Fees and Costs Pending Appeal filed by all of the parties in these consolidated cases ( see Barnett (Doc. 267)). For good cause shown, the parties' Joint Motion to Stay Attorneys' Fees and Costs Pending Appeal ( Barnett (Doc. 267)) is GRANTED . Per the parties' request, the Court stays all proceedings and vacates any deadlines relating to attorney fees, non-taxable expenses, or costs under Federal Rule of Civil Procedure 54(d) until the State Defendants' appeals are finally concluded and are no longer subject to review by any court, whether by additional appeal, petitions for rehearing or re-argument, petitions for rehearing en banc, petitions for writ of certiorari, or otherwise. ( See Doc. 267, pp. 34 (using this same language)). In accordance with the above, the two pending Motions for Attorneys' Fees ( Barnett (Doc. 261) and Langley (Doc. 48)) are both DENIED as moot with leave to refile at the conclusion of all appeals in accordance with this Order. Signed by Judge Stephen P. McGlynn on 11/15/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00192-SPM (trf) |
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| Thursday, November 14, 2024 | ||
| 267 | 267
motion
Stay
Thu 11/14 3:31 PM
Joint MOTION to Stay Attorneys' Fees and Costs Proceedings Pending Appeal by Jay Robert Pritzker, Kwame Raoul, Brendan F. Kelly. (Kinkead, Darren) |
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| Wednesday, November 13, 2024 | ||
| 266 | 266
appeal
USCA Case Number
Wed 11/13 2:49 PM
USCA Case Number 24-3060 for260 Notice of Appeal filed by Kwame Raoul, Brendan F. Kelly.(aca) |
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Att: 1
2 pgs
Notice of Case Opening
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| Tuesday, November 12, 2024 | ||
| 265 | 265
appeal
Rule 10 Letter
Tue 11/12 9:41 AM
Rule 10 Letter. (csb) |
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| 264 | 264
222
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appeal
Transmission of Short Record to USCA
Tue 11/12 9:41 AM
Transmission of Short Record to US Court of Appeals re260 Notice of Appeal (csb) |
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| 263 | 263
order
Order on Motion to Withdraw as Attorney
Tue 11/12 8:40 AM
ORDER:262 Motion to Withdraw as Attorney filed by amicus Illinois Sheriffs' Association is GRANTED . Attorneys Katie J. Colopy and Michael L. Rice are hereby terminated as counsel of record for amicus Illinois Sheriffs' Association. Signed by Judge Stephen P. McGlynn on 11/12/2024. (trf) |
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| Monday, November 11, 2024 | ||
| 262 | 262
motion
Withdraw as Attorney
Mon 11/11 11:52 AM
MOTION to Withdraw as Attorney by Illinois Sheriffs Association. (Rice, Michael) |
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| Friday, November 08, 2024 | ||
| 261 | 261
motion
Attorney Fees
Fri 11/08 5:51 PM
MOTION for Attorney Fees per 42 USC 1988 by Timothy B. Jones, Matthew Wilson, Jeremy W. Langley. (Maag, Thomas) |
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| 260 | 260
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appeal
Notice of Appeal
Fri 11/08 5:09 PM
NOTICE OF APPEAL as to259 Clerk's Judgment,258 Findings of Fact & Conclusions of Law,,,,,,, Terminate Motions,,,,,, by Kwame Raoul, Brendan F. Kelly. Filing fee $ 605, receipt number AILSDC-5524796. (Wells, Christopher) |
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order
Judgment - Clerk
Fri 11/08 2:19 PM
CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM(trf) |
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order
Findings of Fact & Conclusions of Law ~Util - Terminate Motions
Fri 11/08 2:16 PM
FINDINGS OF FACT AND CONCLUSIONS OF LAW following bench trial. The Court finds in favor of the Plaintiffs and against the Defendants in these consolidated cases. The Court holds that the challenged provisions of the Protect Illinois Communities Act are unconstitutional under the Second Amendment to the United States Constitution as applied to the states by the Fourteenth Amendment. Therefore, the Plaintiffs' request for a permanent injunction is GRANTED . The State of Illinois is hereby ENJOINED from the enforcement of PICA's criminal penalties in accordance with 720 Ill. Comp. Stat. §§ 5/24-1(a)(14)(16) (bump stocks and assault weapons); 5/24-1.9(a)(h) (assault weapons and attachments); and 5/24-1.10(a)(h) (large-capacity magazines) against all Illinois citizens, effective immediately. The State of Illinois is also ENJOINED from enforcing the firearm registration requirements and penalties associated with entering false information on the endorsement affidavit for non-exempt weapons, magazines, and attachments previously required to be registered in accordance with 430 Ill. Comp. Stat. 65/4.1. This permanent injunction is STAYED for thirty (30) days . Additionally, the Government's Motion for Partial Summary Judgment on the Langley Plaintiffs' Counts IV and VI (Doc. 220) is GRANTED . The Clerk of Court is DIRECTED to enter judgment in favor of the Plaintiffs. Signed by Judge Stephen P. McGlynn on 11/8/2024. Associated Cases: 3:23-cv-00209-SPM, 3:23-cv-00141-SPM, 3:23-cv-00192-SPM, 3:23-cv-00215-SPM (trf) |
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| 257 | 257
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order
Order on Motion for Miscellaneous Relief Order on Motion to Bar
Fri 11/08 2:11 PM
ORDER: The Government's223 Motion to Preclude Consideration of survey evidence proffered by the Plaintiffs' experts is GRANTED . The Government's229 Motion to Bar Certain Opinions of Plaintiffs' Experts is GRANTED in part and DENIED in part . Signed by Judge Stephen P. McGlynn on 11/8/2024. (trf) |
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